Is it legal to
install an OEM (original
equipment manufacturer)
version of software on a
computer other than the
one on which the
software came?
No. OEM software
agreements specifically
cover software that is
pre-loaded onto hardware
for sale; it is a
violation of the license
with the software
publisher to sell this
software without the
hardware.
Can I install work
software at home if
instructed to do so by
my supervisor?
That depends. Some
licenses permit the
installation of two
copies: one at work, one
on a home or traveling
(e.g. laptop computer) —
normally with the note
that each copy is to be
used by the same person
and that the two are not
to be used
simultaneously.
Can I purchase a
single licensed copy of
a piece of software and
load it onto several
machines?
No. This is known as "softlifting"
and is not allowed
according to the terms
of most license
agreements. This means
you are not allowed to
"share" software with
friends or co-workers,
nor install software on
home/laptop computers
unless the license
specifically allows for
secondary use.
Can I rent a piece of
software from a store?
No. U.S. copyright law
prohibits the rental,
leasing, or lending of
software without the
express permission of
the software publisher.
Can I legally copy my
friends' software?
No. Software is
protected by federal
copyright law, which
says that you can't make
additional copies of
software without the
permission of the
software publisher.
If I was instructed
by my employer to
install illegal software
onto company computers,
who could be held
liable?
Under "vicarious
liability" stipulations
of the U.S. Copyright
Act, an employer is
liable for acts
committed by its
employees when those
acts are within the
scope of their
employment duties.
(Vicarious liability is
when one person is
liable for the negligent
actions of another
person, even though the
first person was not
directly responsible for
the injury. For
instance, a parent
sometimes can be
vicariously liable for
the harmful acts of a
child, and an employer
sometimes can be
vicariously liable for
the acts of a worker.)
Another theory of
liability is the
doctrine of contributory
copyright infringement,
whereby a party who does
not do an infringing act
but who aids or
encourages it is liable
for the infringement. If
you were instructed by
your employer to install
software on your
company's computer(s) in
violation of — or in
excess of — the software
licenses, you may want
to inform your employer
of their obligations
under the copyright law.
If your employer is not
responsive or you choose
not to inform your
employer of the
violation, you should
report the violation to
Software and Information
Industry Association (SIIA),
at www.siia.net/piracy/report.asp,
or the Business Software
Alliance (BSA), at
www.bsa.org/usa/report/.
What are the maximum
criminal penalties for
copyright infringement?
In the U.S., an
infringer could be fined
up to $250,000 and face
a jail term of up to
five years.
Do people actually go
to jail for copyright
infringement?
Yes, they do.
What is counterfeit
software? How can I tell
if it is counterfeit?
Counterfeit software is
hard-copy software that
has been reproduced by
someone other than an
authorized distributor.
It may look just like
the real thing, but it
is often pretty easy to
identify as not the real
McCoy. If you are
offered extremely cheap
software, look for some
of these warning signs
that you might be buying
or receiving pirated
products:
* The software lacks
proper documentation.
* The manual is
photocopied or missing.
* The software does not
look authentic. For
example, the software,
product packaging, or
accompanying materials
are of inferior quality
or include handwritten
labels.
* The serial number/CD
key is printed on the
CD, sleeve, or jewel
case.
* One CD contains
multiple applications
(especially if they are
from different
companies).
* The price of the
software is far below
retail price.
Who benefits from
copyright law?
Everyone benefits. By
protecting the
investment of computer
software companies in
software development,
copyright law encourages
software companies to
invest in coming up with
new, creative, and
innovative products.
These companies dedicate
large portions of their
earnings to the creation
of new software
products, and need to
gain a fair return on
their investment if they
are to continue the
cycle. The creative
teams who develop the
software — programmers,
writers, graphic
artists, and others —
can only receive fair
compensation for their
efforts if the software
is commercially viable.
Without the protection
given by our copyright
laws, they would be
unable to produce the
valuable programs that
have become so important
to our daily lives:
educational software
that teaches us
much-needed skills;
business software that
allows us to save time,
effort, and money; and
entertainment and
personal productivity
software that enhances
leisure time.
What do I get out of
purchasing my own
software?
When you purchase
authorized copies of
software programs, you
may receive user guides
and tutorials, quick
reference cards, the
opportunity to purchase
upgrades, and technical
support from the
software publishers.
With authentic InforDesk
software, your programs
are safe, stable, and
backed by a partner you
can trust. For most
software programs, you
can read about user
benefits in the
registration brochure or
upgrade flyer in the
product box.
What are the risks of
buying or using pirated
software?
Buying and using pirated
software is risky for
corporate and individual
users. Aside from the
legal and ethical
consequences of using
software for which the
developer does not
receive compensation,
your organization
forfeits some practical
benefits. Those who use
pirated software:
* Increase the chances
of buying software that
does not function
correctly or may fail
completely
* Forfeit access to
customer support,
upgrades, technical
documentation, training,
and bug fixes
* Have no warranty to
protect their investment
* Increase their risk of
exposure to viruses,
spyware, or adware that
can destroy (or, worse,
publish to criminals)
valuable data
* May be subject to
significant fines for
copyright infringement
* Risk damage to their
reputation and good name
and, in the case of
organizations, negative
publicity that could
cause irreparable harm
to the business
What exactly does the
law say about copying
software?
The law says that anyone
who purchases a copy of
software must adhere to
the conditions of the
user agreement that the
software publisher
associates with it.
Companies and
individuals who use
unauthorized software
may face not only a
civil suit for damages
and other relief, but
also criminal liability,
including fines and jail
terms.
At my company, we
pass disks around all
the time. We all assume
that this must be okay
since it was the company
that purchased the
software in the first
place.
Many employees don't
realize that
corporations are bound
by the copyright laws,
just like everyone else.
Unauthorized use of
software may expose the
company (and possibly
those individuals
involved) to liability
for copyright
infringement. As a
result, more and more
corporations concerned
about their liability
have written software
usage policies.
Employees may face
disciplinary action if
they make extra copies
of the company's
software for use at home
or on other computers
within the office. A
good rule to remember is
that there must be one
authorized copy of a
software product for
every computer upon
which it is run.
What are the
penalties for having
more software programs
loaded onto company
computers than the
company has licenses?
Although the
circumstances are
different, having too
few licenses is treated
by the law in much the
same way as having no
licenses. Under federal
copyright law, the
infringing user may be
liable for up to
US$150,000 for each
software program
infringed. The law also
permits the software
publisher to recover
court costs and
attorneys' fees it
spends to sue the
infringer and to destroy
all the illegal software
found at the company. In
cases of willful piracy,
criminal penalties may
also be assessed against
the company.
What is software piracy?
